2015 (12) TMI 1869 - HC - Income Tax

Calcutta High Court Upholds Tribunal Decision on Income Tax Allowance Disallowance

The High Court of Calcutta dismissed the departmental appeal regarding the disallowance of allowance under Section 40A(9) of the Income Tax Act, upholding ... Disallowance u/s 40A(9) - Substantial question of fact or law - HELD THAT:- The said order was assailed by filing an appeal which was partly allowed and as such the department as well as the assessee approached the tribunal by preferring the second appeal and the tribunal by means of order and judgment [2011 (6) TMI 900 - ITAT KOLKATA] allowed the appeal so preferred by the assessee and at the same time dismissed the departmental appeal. The order so passed by the Income Tax Officer was assailed before us. Being aggrieved thereof, the instant appeal has been preferred. We have gone through the records and we are of the opinion that no substantial question of law arises out of the orders so passed tribunal. The High Court of Calcutta heard an appeal regarding disallowance of allowance under Section 40A(9) of the Income Tax Act. The tribunal allowed the assessee's appeal and dismissed the departmental appeal. The High Court found no substantial question of law and dismissed the appeal.